Ankush Kumar @ Lavkush Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61361 of 2023 Arising Out of PS. Case No.-83 Year-2023 Thana- SALAKHUA District- Saharsa ====================================================== Ankush Kumar @ Lavkush Kumar S/O- Late Sanjay Yadav Resident Of Village- Bathnahi,Ward No- 09, Ps -Salkhua District- Saharsa ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Diwakar Prasad Singh For the Opposite Party/s :

Mr.Bharat Bhushan ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 03-11-2023 Heard learned counsel for the petitioner and learned APP for the State.

The instant application for regular bail has been filed by the petitioner instituted for the offence punishable under Sections 363, 366(A)/34 of the Indian Penal Code and Section 8, 12 of the POCSO Act.

As per allegation in the FIR, while daughter of the informant went out to attend nature's call at 6:00 am. On 3.2.2020, several accused persons including the petitioner has kidnapped her for marriage purpose.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. There is love affair between the petitioner and daughter of the informant. Statement of the victim girl was recorded u/s

Patna High Court CR. MISC. No.61361 of 2023(4) dt.03-11-2023 2/2 164 Cr.P.C in which she has stated that out of her own sweet will, she has eloped from her house and performed marriage with the petitioner and out of the said wedlock, a fetus is growing inside her womb. She has not raised any finger against the petitioner for any offence. Age of the victim lady has been accessed by the doctor between 17-19 years. Petitioner has got no criminal antecedent and he is languishing in judicial custody since 29.05.2023.

Learned APP appearing for the State has opposed the prayer of Bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned I/c Additional Sessions Judge-VI-cum-Spl. Judge (POCSO) at Saharsa in connection with Salkhua P.S. Case No. 83 of 2023. (Sunil Kumar Panwar, J) sushma/- U